FIRST SECTION
DECISION
Applications nos. 56313/21 and 57599/21
Valeria CAPPELLARI against Italy
and Luise ELVITE against Italy
(see appended table)
The European Court of Human Rights (First Section), sitting on 14 September 2023 as a Committee composed of:
Krzysztof Wojtyczek, President,
Lətif Hüseynov,
Ivana Jelić, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases, and the applicants’ replies to these declarations,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants were represented by N. Zampieri, a lawyer practising in Schio (Vicenza).
The applicants’ complaints under Article 6 § 1 of the Convention and under Article 1 of Protocol No. 1 concerning the application of retrospective legislation (Article 1 § 218 of Law no. 266/2005 of 23 December 2005) to pending national proceedings were communicated to the Italian Government (“the Government”).
The Government submitted a declaration with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications.
The Government acknowledged the violation of Article 6 § 1 of the Convention and of Article 1 of Protocol No. 1. They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amounts would be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertook to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
The payment will constitute the final resolution of the cases.
The applicants informed the Court that they agreed to the terms of the declarations.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The Court finds that, following the applicants’ express agreement to the terms of the declaration made by the Government, the cases should be treated as a friendly settlement between the parties.
It therefore takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify the continued examination of the applications.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 5 October 2023.
Viktoriya Maradudina Krzysztof Wojtyczek
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1
(Legislative interference)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Date of receipt of Government’s declaration
Date of receipt of applicant’s acceptance
Amount awarded for pecuniary damage per applicant[1]
Amount awarded for costs and expenses per applicant
(in euros)[2]
56313/21
11/11/2021
Valeria CAPPELLARI
1951
21/06/2023
17/07/2023
The Government offered to pay 40% of the sums awarded by judgment no. 164/03 of the Treviso District Court, R.G. 817/02, 30/05/2003 and that the applicants returned, provided that they give proof of the restitution.
31.25
57599/21
11/11/2021
Luise ELVITE
1947
[1] Plus any tax that may be chargeable.
[2] Plus any tax that may be chargeable to the applicants.